APHC010118032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 7299/2026 Between:

1. K NAGESWARA RAO, S/O.K.ACHANNA, AGED ABOUT 48 YEARS, OCC WORKING AS SECONDARY GRADE TEACHER MPP SCHOOL (G), MANDROPETA, PATHIKONDA, KURNOOL DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237

2. T HE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.521456

3. T HE REGIONAL JOINT DIRECTOR, KADAPA, KADAPA DISTRICT.516001

4. T HE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL DISTRICT.518001 ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, challenging the action of the respondents in not considering the petitioners claim for promotion to the post of Primary School Headmaster (LFL HM)/School Assistant (Mathematics/Physical Science) on the medical ground that earlier the petitioner relinquished for promotion as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to consider claim of the petitioner for promotion to the post of Primary School Headmaster (LFL HM) School Assistant (Mathematics /Physical Science) by taking the seniority from the date of the appointment by considering the representations of the petitioner on 05.01.2026, 23.02.2026 and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider claim of the petitioner for promotion to the post of Primary School Headmaster (LFL HM)/ School Assistant (Mathematics / Physical Science) by taking the seniority from the date of appointment by considering the representations of the petitioner on

05.01.2026, 23.02.2026 and pass Counsel for the Petitioner:

1. Y MAHA LAKSHMI Counsel for the Respondent(S):

1. GP FOR SERVICES III The Court made the following:

ORDER:

The present writ petition is filed seeking the following relief:

“….pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the Respondents in not considering the petitioner’s claim for promotion to the post of Primary School Headmaster (LFLHM) School Assistant (Mathematics/Physical Science) on the medical ground that earlier the petitioner relinquished for promotion as illegal and arbitrary.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.

3. The identical issues have been considered by this Court in W.P.No.36143 of 2025 and held that as per Rule 28(a) Andhra Pradesh State and Subordinate Service Rules, 1996, the relinquishment would not amount to permanent relinquishment and for subsequent promotion, their case has to be considered.

4. Learned Government Pleader appearing on behalf of the respondents, on instructions, has submitted that the case of the petitioner has been considered and included his name in the promotion list and they would follow Rule 28(a) of Andhra Pradesh State and Subordinate Service Rules, 1996.

5. Recording the said statement, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner in the next promotion without reference to the earlier relinquishment given by the petitioner. No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________

JUSTICE D.RAMESH Date:16.03.2026 GK THE HONOURABLE SRI